SHYAM SUNDAR MAJHI AND ANOTHER Vs. MARKARDHWAJ MAJHI

JUDGEMENT

(1.) The appellants by filing this appeal under section 100 of the Code of Civil Procedure (hereafter referred as the Code) has assailed the judgment and decree passed by the learned District Judge, Bargarh in R.F.A. No. 17 of 2012 dismissing their appeal under section 96 of the Code.

(2.) The respondents as the plaintiffs have filed the suit i.e. Civil Suit No. 68 of 2009 in the court of learned Civil Judge (Junior Division), Bargarh seeking decree for eviction of the respondents from the suit house standing described schedule-B of the plaint and for permanent injunction. The suit having been decreed, the above named appellants being the unsuccessful defendants suffering from the said judgment and decree passed by the trial court had carried the first appeal which has yielded no result for them. So in this appeal while praying for setting aside the judgment and decree passed by the first appellate court to the sufferance of the appellants, they further pray for dismissal of the suit filed by the respondents as the plaintiffs followed by refusal to grant such reliefs as have been granted.

(3.) For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial court.